Glossary of Terms

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This legal glossary is a basic guide to common legal terms. A lawyer is in the best position to advise you about your legal rights and responsibilities.

Different terms may have different meanings based on the specific area of law or the context in which they are being used. For legal terms not referred to in this glossary, or for more comprehensive definitions, you may wish to refer to a legal dictionary or to an internet resource.

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In family law cases, the right to spend time with the children on a regular basis and to receive information on the children's health, education, and well-being.

Accountant of the Superior Court of Justice

The person who has authority to accept monies that are paid into the Superior Court, except for proceedings under the Landlord and Tenant Act or the Repair and Storage Liens Act or actions in Small Claims Court.

Accused

A person or company charged with a crime; the defendant in a criminal trial.

Acquittal

A finding of "not guilty" in a criminal case.

Act

A law passed by the provincial or federal legislature. Acts are also referred to as ‘statutes'.

Action

A legal proceeding in a civil case.

Actus Reus

Latin for "guilty act." A voluntary action or omission that, when intentional, results in a criminal offence.

The process in which a person, usually a child, becomes a legal member of a new family. Once an adoption is finalized, the person becomes the legal child of the adoptive parent(s) and the parental rights of the biological parent(s) are terminated.

Affidavit

A written statement or declaration of facts that are sworn or affirmed to be true.

Affidavit of Service

An affidavit certifying that a document has been served on a party.

Affirmation

A solemn declaration made by a person to tell the truth. Lying in an affirmation is perjury, a criminal offence.

Resolving conflict through means other than going to court. Examples of alternative dispute resolution include: arbitration, mediation, and collaborative family law.

Arbitration

A process where a neutral third party, selected by the disputing parties, makes a decision on the issue in dispute.

Collaborative Family Law

A process where the parties and lawyers formally agree to negotiate a resolution of the issues in dispute through a series of meetings, without going to court.

Mediation

A process where a neutral third party (mediator), selected by the disputing parties, assists parties to reach agreement on issues in dispute.

Amicus Curiae

Latin for "friend of the court." A lawyer who assists the court during the course of a hearing, to represent a position or interest, usually at the court's request.

Annulment

A declaration by a judge that a marriage is invalid. If a marriage is annulled, it is as if the marriage never occurred.

Answer

A response to an allegation or an application.

Appeal

A request made to a higher court, tribunal or authority for the review of a decision.

Appeal Period

The time limit within which one can appeal.

Appearance Notice

A document that requires people to appear in court to answer charges against them in a criminal case.

Appellant

The party bringing an appeal.

Applicant

A person who makes or starts an application.

Application

The commencement of a proceeding in a court by way of filing the appropriate court form.

A request made to the court.

Apprehend

To take or seize.

In child protection cases, to remove a child from his or her parents or the person having care of the child and take him or her to a place of safety. Child protection workers and police have the authority to do this.